Housing society matter
r.sankaranarayanan
(Querist) 31 August 2014
This query is : Resolved
In the year 2006 the Hon. Secy and the Chairman of a Housing Society in Mumbai had circulated the notice for the AGM with some items on the agenda which was decided with only two members of the Managing committee present. They had cheated the members by issuing the notice. The other three had approached the Co-op. Court Mumbai to stop the AGM, which they cancelled with the reason "Due to unforeseen technical reasons". The Society had been asking for their explanations for their mis-conduct itemising the matter on AGMs and SGM. Last AGM they submitted an explanation that they had acted as per the byelaw no: 140 which the General Body rejected. The Society will again ask for their explanation in the ensuing AGM. What can be the penalty imposed on them. Can the General Body impose a punishment debar them from attending any SGM/AGM for 5 years. Or can the Society file a criminal complaint in Metropolitan Court since they had cheated the members, even though they had subsequently cancelled the meeting.
malipeddi jaggarao
(Expert) 01 September 2014
Contents are not sufficient. What is the cheating they have committed? What do the bye-laws say? What is the loss incurred by the members?
r.sankaranarayanan
(Querist) 01 September 2014
The then two Managing Committee members had issued the notice for the AGM, conduct of elections even though such things can be decided by the duly convened M/C meeting with a proper quorum. By issuing the notice along with the Report of the Managing Committee, they have mislead and cheated the members. They have violated the byelaws, but I intend to approach Metropolitan Court that they have cheated the members. Cheating need not involve monetary loss. If the acts are done which members believe that it is done properly without any violation of byelaws, it is an act of cheating. Incidentally I too retired from Bank of India in November, 2011.
malipeddi jaggarao
(Expert) 01 September 2014
In the given case no criminal case can be entertained as it is the procedural lapse and though you attempt file, it will not be admitted.
Regarding taking action against them, it depends upon the bye-laws. If such power is vested with General Body, it can take decision regarding debarring these MC Members.
Kuummaar AS
(Expert) 01 September 2014
Query is not clear. For reply, relevant provisions in bye laws would be required. Powers of General Body are required to be seen.
Surrender K Singal
(Expert) 01 September 2014
Better refer to relevant clauses of Bye Laws etc
r.sankaranarayanan
(Querist) 02 September 2014
I sincerely thank all the members for their inputs/advice.
V R SHROFF
(Expert) 03 September 2014
READ CAREFULLY SEC 420 IPC DEFN OF CHEATING...
T. Kalaiselvan, Advocate
(Expert) 04 September 2014
The best thing is to have an appointment with a local lawyer, discuss the entire issues at length and proceed if you are satisfied with the proposed action or else sit back and think of what possible action can be taken on it.
